All About Estates

Tag: Appeals

Total 5 Posts

An ETDL will continue to act until all appeals exhausted

I previously blogged about the case of Gefen v. Gaertner where the Court of Appeal quashed an appeal regarding an estate trustee during litigation (ETDL) and punted the matter to the Divisional Court. Now this estate has generated another appeal regarding the ETDL – this time properly brought before the…

Continue Reading

Divisional Court Appeals: Not The Place For New Issues

In Luck v. Hudson, 2020 ONSC 3811 (Div. Ct.), the Divisional Court confirmed that an appeal is not the time to raise new issues and seek directions regarding an estate. In this case, the deceased and his wife owned a house together jointly which then sold (it is not clear…

Continue Reading

ETDL Appeal is to the Divisional Court – not the Court of Appeal

What appellate court is the proper forum for an appeal regarding the payment of an estate trustee during litigation’s fees (an “ETDL”)? In Gefen v. Gaertner, 2019 ONCA 233, the Court of Appeal held it was the Divisional Court and not the Court of Appeal. The Gefen Estate (the “Estate”)…

Continue Reading

Changes in the Estates World in 2019

All of us at AllAboutEstates hope you had a happy new year and will have an equally happy 2019. As we start the new year, here are some changes estate litigators should be aware about as well as some upcoming developments. The Rules of Civil Procedure have been amended (the changes…

Continue Reading